MOHAMMED TAJ v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

MOHAMMED TAJ v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

The Director lawfully applied s37ZO and correctly concluded the applicant relied on the same facts without any significant change or new material that would give the subsequent claim a realistic prospect of success; accordingly leave to apply for judicial review was refused and an RPO was necessary to prevent abuse of process.

Citation
[2023] HKCFI 536
Parties
Applicant: Mohammed Taj; Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 March 2023
Case Number
HCAL1435/2022
Procedural Posture
Application for Leave to Apply for Judicial Review / Decision on Leave Application; Leave Refused and Restricted Proceedings Order Made
Outcome
Applicant's application for leave to apply for judicial review dismissed; Restricted Proceedings Order made against applicant
Legal Topics
Subsequent Claim Under S37 ZO, Restricted Proceedings Order (rpo), Abuse of Process, Standard of Review, Risk of Torture and Persecution, Internal Relocation and State Protection
Source Language
EN
Immigration Law Constitutional and Administrative Law Judicial Review Refoulement and Non‑refoulement Public Law Subsequent Claim Under S37 ZO Restricted Proceedings Order (rpo) Abuse of Process +3 more

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Parties

Mohammed Taj

Applicant

Director of Immigration

Putative Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review / Decision on Leave Application; Leave Refused and Restricted Proceedings Order Made

Legal Issues

  1. 1 Whether the Director correctly applied section 37ZO in refusing the subsequent non‑refoulement claim
  2. 2 Whether the subsequent claim disclosed a significant change of circumstances and a realistic prospect of success
  3. 3 Whether the applicant is abusing process and whether a Restricted Proceedings Order is justified

Ratio Decidendi

The Director lawfully applied s37ZO and correctly concluded the applicant relied on the same facts without any significant change or new material that would give the subsequent claim a realistic prospect of success; accordingly leave to apply for judicial review was refused and an RPO was necessary to prevent abuse of process.

Court Disposition

Applicant's application for leave to apply for judicial review dismissed; Restricted Proceedings Order made against applicant

Orders

  • Prohibition on commencing or continuing any fresh proceedings or appeals relating to any non‑refoulement claim without leave of the Court of First Instance
  • Leave applications to be made to Deputy High Court Judge K. W. Lung or designated judge in the Constitutional and Administrative Law List